Last Update: 9/28/05 (Transmittal I-2-68)
When the ALJ receives a VE's response to his or her interrogatories, the ALJ must:
Provide a copy of the response to the claimant and the representative and notify them of the right to comment, submit further relevant evidence, propose additional interrogatories to the VE, and request a supplemental hearing with opportunity to question the VE at the supplemental hearing. The ALJ will provide the claimant and the representative with the opportunity to review the VE's response before making it an exhibit, unless they have waived the right to examine the evidence or the evidence supports a fully favorable decision. (See I-2-7-30, Proffer Procedures; I-2-7-35, Entering Posthearing Evidence; I-2-5-91, Sample-Letter to Representative Enclosing Copy of New Evidence; I-2-5-92 Sample-Letter to Unrepresented Claimant Enclosing Copy of New Evidence and I-2-6-99 Sample Waiver By Claimant of Right to Inspect Evidence After the Hearing.)
Rule on any objection or request by the claimant or the representative regarding the VE's response to the interrogatories. The ruling may be on the record, may be in a separate document that will be made an exhibit or be addressed in the Decision. The claimant or representative may propose submission of additional interrogatories to the VE or request a supplemental hearing with opportunity to question the VE at the supplemental hearing. The claimant is entitled to ask the VE questions to the extent necessary to inquire fully into the matters at issue.
If the claimant requests a supplemental hearing, the ALJ must grant the request, unless the ALJ receives additional documentary evidence that supports a fully favorable decision. If the claimant requests the opportunity to question the VE at the supplemental hearing, the ALJ should apply the provisions of I-2-5-30, Medical or Vocational Expert Opinion — General, and I-2-5-56, Obtaining Vocational Expert Opinion After the Hearing), to determine whether live testimony in person, by telephone, or by video teleconference is the most appropriate method to obtain the VE evidence.
If the ALJ requests the VE to appear at a supplemental hearing and the VE declines to appear, the ALJ should apply the provisions of I-2-5-78, Use of Subpoenas — General, to determine if the claimant should be afforded use of the subpoena to compel the VE to appear. If a subpoena is issued, the procedures in I-2-5-80, Preparation and Service of a Subpoena, and those in I-2-5-82, Noncompliance with a Subpoena, apply.
Mark as exhibits and enter into the record all correspondence between the ALJ and the VE, admissible questions and responses, additional interrogatories and responses, and proffer documents (including responses), and include in the hearing decision the rationale for ruling against any objection.